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BRAYTON v. OFFICE OF THE U.S. TRADE REPRESENTATIVE

No. 09-5402.

641 F.3d 521 (2011)

Ed BRAYTON, Appellant v. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 19, 2011.

Attorney(s) appearing for the Case

Adina H. Rosenbaum argued the cause for appellant. With her on the briefs was Scott L. Nelson .

Alan Burch , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

Ed Brayton filed suit under the Freedom of Information Act seeking disclosure of a classified international trade agreement. While the case was pending before the district court, the United States Trade Representative declassified and released the agreement to the public. The question before us is whether Brayton is entitled to recover attorney fees for his lawsuit. The district court determined he was not because the government was justified...

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